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Showing 29 posts by Richard C. Kraus.

Scope of Practice, Delegation, and Supervision Requirements for Health Professionals Caring for COVID-19 Patients Reinstated

COVID TestingIn response to the improvements in hospitals’ and health care professionals’ capacity to care for COVID-19 patients, Governor Whitmer has rescinded Executive Order 2020-61, which temporarily suspended the scope of practice, supervision, and delegation restrictions for many health care providers during the initial surge of cases in March. Read More ›

Categories: Hospice, Hospitals, Licensing

MDHHS Issues Guidance on Patient Care for Michigan Health Care Providers

Virtual Health ScreeningOn May 3, 2020, the Michigan Department of Health and Human Services (MDHHS) provided guidance on the best practices for continued compliance with Executive Order 2020-17. Executive Order 2020-17 implemented temporary restrictions on non-essential medical and dental procedures as of March 21, 2020. Executive Order 2020-17 required all hospitals, freestanding surgical outpatient facilities, dental facilities, and state operated outpatient facilities (collectively, “covered facilities”) to temporarily postpone all non-essential medical and dental procedures until the state of emergency in Michigan is lifted. Currently, the state of emergency is set to continue through May 28, 2020 under Executive Order 2020-68. Read More ›

Categories: Compliance, Health Care Reform, Hospice, Hospitals

Two Emergency Orders Affecting Health Care Services Related to COVID-19

patient in hospital bedOn March 29, Governor Whitmer signed two emergency executive orders in response to the urgent need for help from as many health care professionals as possible in dealing with the COVID-19 pandemic. Read More ›

Categories: Health Care Reform, Hospice, Hospitals

New Rule on Exceptions to "Bona Fide Relationship" Requirement for Controlled Substance Prescribing

The statutes governing controlled substance prescribing, which were enacted in 2018, require a physician or other prescriber to establish a “bona fide prescriber-patient relationship” before prescribing any controlled substances. Read More ›

Categories: Licensing, Pharmacy, Physicians

Update on Michigan’s New Requirements for Prescribing Controlled Substances

The Legislature has delayed the effective date of a key provision in the new controlled substance prescribing laws until March 31, 2019, or until the Michigan Department of Licensing and Regulatory Affairs (LARA) promulgates rules on the subject. Read More ›

Categories: Licensing, Physicians, Providers

Michigan Adopts New Requirements for Controlled Substance Prescriptions

In response to growing concerns about misuse and abuse of opioid medications, Michigan has enacted three statutes amending the Public Health Code.  The new statutes impose specific requirements on physicians, dentists, physician assistants, and nurse practitioners (“prescribers”) who prescribe controlled substances and on pharmacists who fill those prescriptions. Read More ›

Categories: Compliance, Did you Know?, Health Care Reform, Pharmacy, Providers

Top Health Care Trends in 2017-Part 1: Pricing and Reimbursement

2017 Health Care TrendsFor the past decade, health care has remained one of the most tumultuous and dynamic industries; uncertainty, along with opportunity, are likely to continue in 2017. This three-part series will discuss some of the most important health care trends. This section will focus on some of the largest factors affecting costs and reimbursement in health care: 1) MACRA Implementation; 2) Medicaid Reimbursement; 3) Shifting Payment Models; and 4) Drug Pricing. Read More ›

Categories: Medicare/Medicaid, Pharmacy, Providers

New Physician Assistant Statute Requires Practice Agreements by March 22, 2017

Under the new statute, a PA cannot engage in practice as a physician assistant unless a practice agreement is in place.Significant changes to practice by physician assistants in Michigan will take effect on March 22, 2017. Any physicians (medical, osteopathic and podiatric), health facilities, and health agencies that work with PAs should take the steps needed to ensure compliance with the requirement by the effective date. Read More ›

Categories: Physicians

Michigan’s Health Insurance Claims Assessment Act is Upheld Once Again

health insurance claims assessmentMichigan’s tax on paid health care claims is not preempted by ERISA, according to a decision by the United States Court of Appeals for the Sixth Circuit. On remand from the United States Supreme Court, the federal appellate court held that the Health Insurance Claims Assessment Act does not impermissibly interfere with the uniform administration of group health plans or impose additional burdens on self-insured plans and third-party administrators. Read More ›

Categories: 6th Circuit Court of Appeals, Insurance, News & Events, Tax

Michigan Health Insurance Claims Assessment Act back for Reconsideration

health care lawThe Michigan Health Insurance Claims Assessment Act is back for reconsideration before the United States Court of Appeals for the Sixth Circuit. The act imposes a tax on paid health care claims that is used to fund the state share of Michigan’s Medicaid program. The act had been upheld by the federal appeals court in 2014 against an ERISA preemption challenge brought by an organization representing self-insured group health plans and third-party administrators.

The Supreme Court recently remanded the case to the federal court of appeals for reconsideration in light of a decision holding that a Vermont all-payers claim database statute interfered with the uniform administration of ERISA plans and was therefore preempted. Read More ›

Categories: Medicare/Medicaid, Tax

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Best Lawyers® 2021

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.